False Arrest

False arrest can mean many different things, depending on local law and the particulars of the situation. In many states, false arrest is considered a type of false imprisonment. The basic concept of a false arrest is that a person is detained and confined without probable cause that they committed a crime in violation of state and federal law. This confinement may be done by the police, a private security guard, a store manager, or other private party.

In the case of arrest by the police, the individual is detained without probable cause and typically without a warrant (or with a deeply flawed or fraudulently obtained warrant). 

What is a False Arrest?

A false arrest is an unlawful restraint of an individual’s freedom to move about. An arrest may seem clear if it is done by a police officer, but it can be harder to see if the confinement is done by a private person, such as a security guard. 

In most jurisdictions, to constitute a false arrest:

1. The police officer or guard must have intended to detain or confine the accused and must have actually confined the accused.
2. The accused must have been aware of the confinement.
3. The accused must not have consented to the confinement.
4. The officer or guard had no legal reason to detain the accused.

It may be unclear to you whether you are being detained, especially by a private party. 

Malicious Prosecution

In some situations, an individual may press criminal charges against the accused under false pretenses in order to harm them or their reputation. It may be that the person who actually committed the crime seeks to blame the accused in order to divert attention from their own actions. Maybe an ex lies to the police in order to harm the accused or gain an advantage in a divorce or custody proceeding. 

The exact requirements of a claim for malicious prosecution vary from state to state, but in most states, you must prove:

1. The person who accused the defendant of committing a crime acted with malice in seeking a criminal penalty. Malice means wrongful intent.
2. There was a lack of probable cause to support the charges.
3. The criminal case ended in favor of the accused. 

If someone maliciously seeks to prosecute you, the first order of business is to defend and succeed in having the charges dismissed. You then may seek criminal or civil (money) damages against the person who made the false and malicious claims.

Citizen’s Arrest

Sometimes, the individual who detains or confines you is not a police officer, a security guard, or a store official but a private party who is convinced that they have a right to detain you. While the law of citizen arrests varies greatly by locality, there are a few common elements. In most jurisdictions, a citizen may arrest another for a felony only, and that felony must have actually been committed. It is not adequate that the arresting citizen believes that a crime has occurred or is uncomfortable or fearful. The citizen must tell the person being arrested why they are making a citizen’s arrest. In most states, the citizen must reasonably believe that the person they are arresting committed the crime. If a private citizen attempts to make an arrest for a misdemeanor or for a crime that never occurred, they may be liable for false arrest. If the citizen lacks a reasonable belief that the accused was the person who committed the crime in question, they may also be liable.

Criminal or Civil Claim

If you have been falsely arrested, you are likely anxious to seek compensation for your claims. You might want to see the individual responsible for your arrest subject to criminal charges. It is extremely rare that a police officer would be subject to criminal charges for false imprisonment or arrest, although it is common that they face a civil claim (that is, a claim for money damages). If a private party sets out to file false charges or claims against you, you may be successful in later pressing criminal charges against them. A private individual would also be subject to civil money damages.

Civil Claims for Damages After False Arrest

The type of claim you make will be very dependent on whether you were falsely arrested or imprisoned by a public official (i.e., a police officer) or a private person (a security guard or store manager). 

If you seek damages against a public official, it might be under 42 U.S.C. Section 1983 for violations of your Fourth Amendment rights. You are essentially arguing that you were detained without probable cause in violation of the Fourth Amendment. An example of this would be a police officer arresting you for a crime he claims to have witnessed you commit, although you are able to prove that you were in another state at the time.

If you seek damages against a private person, you are likely to sue under state law for false imprisonment, malicious prosecution, assault and battery, or other intentional violations. An example of this would be a security guard who detains you for hours and leaves you with bruises and trauma despite the fact that you did nothing wrong. 

Consult an Experienced Criminal/Civil Attorney for Help

If you have been falsely arrested, you need to contact an experienced criminal defense attorney immediately. You will need a legal advocate to review your case and assist in creating a strong defense, even if the authorities lack probable cause. If you have been falsely arrested and imprisoned by a private party, you need a legal advocate who can help defend you against the allegations and can formulate a claim for monetary damages based on the wrongful detention. 

The Lento Law Group is nationwide with attorneys and law offices across the nation, together with local affiliates. The Lento Law Group Team can defend against any criminal charges you may face and also seek damages after the fact for arrest. Call the Lento Law Group at 833-536-8652 or 1-833-LENTO-LAW.